How long will my driver’s license be suspended after a DUI?
Most of us will drive our car several times a day, generally venturing to work, shopping, school, friends’ houses, and many more destinations. Getting around without a vehicle in Arizona is quite challenging, particularly if you live in a more rural area. Being arrested for a DUI will bring with it many potential punishments to fear, including suspension of your driver’s license. Our Phoenix, Arizona DUI lawyers discuss what could happen to your license if you have been arrested for a DUI or refuse to take a chemical test below.
Implied Consent Suspension of Your Driver’s License
Arizona law has held that when you get an Arizona driver’s license, you impliedly consent to take a breath or blood test if an officer believes you are driving drunk. Two different Arizona Supreme Court cases recently upheld this law. If you refuse a breathalyzer or blood test upon request by an arresting officer, then the Arizona Motor Vehicle Department will automatically suspend your license for one year. If you have refused a chemical test within the past 84 months, then your driver’s license will be suspended for two years.
Suspension Due to High Alcohol Levels
Your driver’s license may be suspended even if you comply with the breathalyzer or blood test. If you submit to the chemical testing and the test shows that you are over the legal limit, then the Motor Vehicle Department will automatically suspend your license for 90 days. You will be given a notice of suspension either immediately or soon after the results of the chemical test come in.
Challenging the Suspension of Your License
You have the right to request a hearing within 15 days of receipt of your notice of suspension. Your request must be in writing. Your request can pause your suspension until after your hearing. During the hearing, you will appear before a Motor Vehicle Department hearing officer. The litigation of your license will be a separate matter from your criminal case.
Should you be convicted of a DUI, your license will be suspended regardless of the results of your administrative hearing. You may be able to seek a restricted license that would allow you to drive to work or school. You will likely need to have an ignition interlock device installed on the vehicle. Consult with your DUI attorney for more information about how you can protect your driver’s license following your arrest for a DUI below.
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